In some situations, nearby property owners have the right to object to decisions made by local zoning boards. These cases typically involve interpreting deeds and applying the real property laws of Massachusetts and local bylaws. In an October 5, 2017 case, the Massachusetts Land Court considered a challenge brought by plaintiffs…
Massachusetts state and local zoning laws generally have the most direct impact on how land can be used, but in some cases, constitutional issues may arise. An October 18, 2017 case illustrates a Massachusetts land use matter challenged by town residents on the basis of the Massachusetts Constitution. The local planning…
Land used by many members of the community, such as parks and other recreational public property, is subject to zoning regulations and other laws that may apply. In an October 2, 2017 Massachusetts real estate case, the Supreme Judicial Court considered an action brought against a city by its residents, who…
Massachusetts zoning laws regulate the manner and extent to which property can be used. An August 18, 2017 Massachusetts real estate case brought before the Land Court illustrates a land use dispute involving neighboring homeowners. One of the homeowners had requested that the town’s building commissioner take a zoning enforcement action…
Massachusetts real estate disputes often arise when property owners feel that changes proposed by other landowners would adversely affect their property rights. In a July 26, 2017 case, the Appeals Court of Massachusetts considered whether a local planning board properly approved a modification of a 1947 subdivision plan that abandoned…
In a July 7, 2017 decision, the Massachusetts Land Court addressed a real estate dispute between condominium owners over their respective rights to access certain areas of the property. The parties were unit owners in a two-unit, residential condo. The plaintiffs in the case sought to prevent the defendants from installing…
Land use and zoning laws regulate how people and businesses can use and build upon their property. Property owners are not completely restricted, however, and may seek approval from the local government of plans that do not conform with the laws. In a June 22, 2017 case, the Massachusetts Land Court…
Before someone can challenge the validity of a permit issued to another landowner, that person must have legal standing. In a June 12, 2017 case, the issue for the Massachusetts Land Court was whether a plaintiff who lived across from the defendant’s property had standing to appeal a special permit…
If a zoning board decision affects other adjoining or nearby landowners, they may be able to appeal the ruling. The Massachusetts Land Court reviewed a case on June 7, 2017 in which the defendants had obtained approval from the local zoning board to tear down a lawfully nonconforming garage on their property…
Before making changes to an existing building or constructing a new one, property owners may have to obtain approval from the local government. In a May 30, 2017 case, the Massachusetts Land Court reviewed a zoning board decision granting a variance to the defendants for the construction of a new house on their…